Alexander Nadmitov, Managing Partner of Nadmitov, Ivanov & Partners Law Firm, gave comments to Pravo.ru. for the article "Arbitrability of the dispute, qualification of business relations and other cases of the Armed Forces."
Alexander Nadmitov analyzed the situation in the consideration of case No. А40-46243 / 2019 at the suit of RailTransAuto Company against Škoda Transtech Oy. Initially, the case was considered in the ICAC at the Chamber of Commerce and Industry, but in the cassation instance the applicant referred to the fact that the contested transaction was large and was not approved in accordance with the procedure established by law, therefore the arbitral tribunal could not consider this case "due to the specifics of the subject composition and the nature of the legal relationship." ...
Alexander Nadmitov explained: "A party entitled to appeal against a disputed transaction should have filed this requirement in order for it to become a subject of court or arbitration proceedings. Each specific case and the entire set of circumstances that may indicate a violation of the interests of third parties should be considered. The Economic Board, having considered this case, may affect the judicial practice, indicating what facts may indicate that public order was nevertheless violated. "
More details: https://pravo.ru/story/218527/
Law Firm "Nadmitov, Ivanov and Partners" regularly represents clients in arbitration and arbitration courts in corporate disputes.